Briefly, Section 230(c)(1) provides immunity from liability for providers and users of an interactive computer service who publish information provided by others:
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

In order to use this provision, there are three elements:

1. The defendant must be a provider or user of an interactive computer service.
2. The cause of action asserted by the plaintiff must treat the defendant as the publisher or speaker of the published information at issue.
3. The information must be provided by another information content provider, i.e., the defendant must not be the information content provider of the published information at issue.

Section 230 does not protect providers or users from all harms, for example it would not protect the provider or user from criminal copyright infringement, or from violating fair housing laws, etc. Still, the fact that it works as it does provides us with the modern internet we know today.

Why I'm thankful for Section 230 is a post from: Cyberlaw Central

Doctor's Associates, Inc. v. QIP Holders LLC, 2010 WL 669870 (D. Conn. Feb. 19, 2010). My prior post on this case.

As a long-time vegetarian (over a quarter-century), I find America's obsession with "more meat" competitions simultaneously amusing and repulsive. On my personal blog, I have routinely chronicled the "burger wars" between heartland restaurants trying to outdo each other by offering bigger and bigger burgers. As far as I know, the current high-water mark is the Beer Barrel Main Event Charity Burger, a 123 pound burger that includes 80 pounds of meat. See the photo. If you're one of those people who thinks a burger can never have too much meat, good luck working on that bad boy.

Today's post involves subway sandwiches instead of burgers, but it turns out that subway sandwich restaurants' competition over claims of having more meat is no less stiff. Quiznos kicked off the war in 2006 by launching a "double meat" line of sandwiches. Quiznos ran two TV ads comparing the meat in its sandwiches to Subway's and set up a website soliciting individuals to make and submit their own comparative digital video ads. Subway was not amused and ultimately filed a seventh amended complaint (!) over Quiznos' ad campaigns. (What a patient judge).

The parties hotly contested every aspect of the litigation, and Rebecca does a thorough recap of the lengthy ruling. I'm going to focus on the court's discussion of the crowdsourced video ads published on Quiznos' ad campaign website, which Quiznos defended on 47 USC 230 grounds.

Citing the MCW v. Badbusinessbureau case from 2004, the court says "the critical inquiry with respect to CDA immunity in this case is whether the Defendants merely published information provided by third parties or instead were actively responsible for the creation and development of disparaging representations about Subway contained in the contestant videos."

The MCW decision was questionable even at its time, but it's bizarre to see the court reach into history for this obscure, archaic, unpublished and geographically distant (it was a TX precedent being cited in a CT court) district court precedent. To do this, the court bypasses dozens of more recentand more thoughtfulcases, including the multiple Ripoff Report cases that have expressly and implicitly rejected the MCW case. A more natural citation would have been the Roommates.com case, which also referenced legal distinctions between active/passive websites similar to the legal standard quoted above. However, if the court had followed Roommates.com, it almost certainly would have ruled for the defense, as Quiznos didn't require illegality or even channel users towards illegality. (Rebecca makes the same point). Therefore, I'm baffled how the court got to this legal standard citing this legal precedent.

Using this odd legal standard, the court says it's up to the jury to decide if Quiznos just exercised traditional editorial control or impermissibly "actively participated in creating or developing the third-party content submitted to the Contest website."

Unquestionably, sending this case to a jury is a 230 loss, but how bad is unclear. We'll never find out what the jury would do with the case because the parties promptly settled the case after this ruling. However, a plaintiff's ability to hold a case open through trial, rather than having it disposed of earlier in the proceedings, would itself represent a significant win for plaintiffs--it would mean plaintiffs can get discovery to fish for embarrassing facts, force the defense to incur lots of litigation costs, and get a chance to tell their sob story before a jury. (FWIW, I am not aware of any 230 case that has ever reached a juryam I forgetting something?) Nevertheless, I think very few courts will follow this precedent given the plethora of more persuasive precedents and the fact that Quiznos' crowdsourced ads were just one part of Quiznos' larger allegedly false ad campaign. Therefore, I don't expect this 230 loss to spread to many other cases.

I also don't think this case shines much light on the legitimacy of crowdsourcing ads. There's no reason to believe that crowdsourced ads are per se problematic. At the same time, if the advertiser uses the ads offline, clearly the advertiser "adopts" the ad and takes full responsibility for its contents. If the advertiser only publishes the ad online, 230 might be available but the advertiser still might tread cautiously due to the FTC Endorsement and Testimonial Guidelines, which basically ignores 230 and holds advertisers liable for certain types of third party advertisements anyway. I think 230 may nullify this part of the FTC guidelines, but most advertisers would rather not tangle with the FTC to establish the deficiencies in the FTC's thinking. As a result, I expect most advertisers will vet most crowdsourced ads, even if they only publish them only, as if the advertiser is legally responsible for the ads and not protected by 230.

BTW, the Subway v. Quiznos lawsuit isn't the only litigation over subway restaurants' claims of double meat. In an apparently unrelated lawsuit, last month a class action suit was filed over Blimpie's "Super Stacked" sandwich for overclaiming that it had double meat.

I confess some schadenfreude when I see lawsuits against meat pushers for overhyping meat quantities. I would not shed a tear if the meat pushers lock up each other in litigation death struggles and sue each other to oblivion. Of course, consumers can facilitate that outcome by refusing to patronize vendors who "compete" with each other by encouraging us to overconsume the Earth's resources.

Today, Rescuecom issued a press release declaring victory in its litigation against Google. But it's an odd definition of "victory" given that Rescuecom has apparently voluntarily abandoned its 6 year litigation effort without any new concessions from Google. The dismissal notice.

This development reminds me a lot of the American Blinds v. Google denouement, where American Blinds also simply gave up and dropped its multi-year lawsuit without any concessions from Google. Note to future plaintiffs: if you're going to threaten Google's $20B/year cash cow, chances are pretty good that they have the resources to outlast you.

Why did Rescuecom give up? According to Rescuecom's press release, "Google has recently confirmed to Rescuecom that it has removed Rescuecom's trademark from its Keyword Suggestion Tool." That, plus the fact that Google blocks trademark references in ad copy, means that Rescuecom feels it has "obtained two of the three things we initially sought in our complaint against Google." And if two out of three is good enough for Meat Loaf, apparently it's good enough for Rescuecom. At minimum, having low standards makes it a lot easier to declare victory when you give up.

However, this explanation is pretty hollow. Although the press release treats Google's removal of Rescuecom from the keyword suggestion tool as a new development, it appears that Google made this change IN 2005. Wendy Davis reports:

[Rescuecom CEO] Milman says he only learned last week that Google had stopped suggesting Rescuecom as a keyword. "Who knows what would have happened if they had told us back in 2005 that they had taken our name out of their keyword tool?" he said.

Hmm...I think I know the answer to that question! Then again, if getting out of the keyword suggestion tool really was one of Rescuecom's Big Three objectives all along, maybe they might have asked Google about it in 2005...or 2006...or 2007...or, well, you get the point. Spin it however they want, it's hard for Rescuecom to look good while dropping a lawsuit based on a 5 year old fact.

Nevertheless, I'm interested in knowing more about this removal. Does Google have a way for trademark owners to "opt out" of having their trademarks in its keyword suggestion tool? I would expect that option to become very popular if it were well-known. If anyone has information about how trademark owners can make an election with Google, please share it.

Given the completely disingenuous nature of declaring victory based on getting out of the keyword suggestion tool, there may be a better--and more self-interested reason--for Rescuecom to give up. Rescuecom is defending a trademark lawsuit brought by Best Buy over Rescuecom's competitive AdWords purchases of the "geek squad" trademark. Rescuecom was caught in the duplicitous position of making plaintiff-side arguments against Google while making highly contradictory defense-side arguments against Best Buy. As a result, every positive step in its Google case had the potential to degrade its position in the Best Buy case. By abandoning the Google fight, Rescuecom avoids this difficult dilemma.

As an odd byproduct of this development, Google and Rescuecom are now aligned in advancing the arguments that competitive keyword advertising in AdWords is legitimate. Isn't there a passage in the Bible about the lion and the lamb lying down together?

The roster of pending AdWords cases (I most recently double-checked the status of these cases on February 20, 2010):

* Ezzo v. Google
* Rescuecom v. Google
* FPX v. Google
* John Beck Amazing Profits v. Google and the companion Google v. John Beck Amazing Profits
* Stratton Faxon v. Google (not initially a trademark case). Check the status.
* Soaring Helmet v. Bill Me
* Ascentive v. Google
* Jurin v. Google 1.0 (voluntarily dismissed), succeeded by Jurin v. Google 2.0
* Rosetta Stone v. Google
* Flowbee v. Google
* Parts Geek v. US Auto Parts
* Dazzlesmile v. Epic

As of a month ago Trader's title had been downgraded to VP of Partnerships and Studio Services, although no top sales or business development replacement executive has yet been named.

Why is he gone? No one is saying. CEO Mark Pincus says only AT [Andrew Trader] and zynga have parted ways. He made an awesome contribution. We need to continue scaling the company. Trader hasn't yet returned a phone call asking for his comment.

Zynga's revenue growth has been nothing short of astronomical over the last 18 months, so it would be hard to blame him for not bringing in the dollars. Perhaps he took the fall for the Scamville saga although that has largely blown over now.

Trader was with Zynga nearly three years, so he's vested on a lot of his stock. Given how much money is at stake, the whole story about why the first cofounder of Zynga has left the building may never come out. Zynga raised $180 million in December 2009, at a rumored valuation of above $2 billion.

And no, I have no idea why he's holding a banana in the picture.

In Hung Tan Phan v. Lang Van Pham, the President of a group of Vietnamese Navy and Merchant Marine veterans sent an email to fellow veterans. In the email, he wrote that another veteran, Hung Tan Phan, had been disciplined by the Vietnamese Navy for abusive behavior in the final days of the Vietnam War.

Lang Van Pham received the email and forwarded it to at least one fellow veteran. He included the following introductory paragraph: Dear Kmap: Everything will come out to the daylight, I invite you and our classmates to read the following comments of [the] President of the Federation of Associations of the Republic of Vietnam Navy and Merchant Marine.

Hung sued Lang. Hung alleged that Lang, as the forwarder of an allegedly defamatory message, was himself liable as the publisher of a libelous statement. Lang moved to dismiss, citing CDA section 230 immunity. The trial court dismissed the case and Hung appealed.

The appeals court noted the general rule that CDA section 230 provides immunity from liability for all content providers for publishing information received from third parties. Subsection (c)(1) states that [n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. The court then framed the question as whether by including an introduction to the allegedly defamatory email the forwarder had materially contributed to the illegality of the Internet message. In other words, whether Lang's cover note constituted active involvement in the creation of a defamatory Internet posting such as to to expose Lang to defamation liability as an original source.

The appeals court ruled for defendant Lang. The court held that, on these facts, Lang made no material contribution to the alleged defamatory message he forwarded.

The defendant here, like others, was able to successfully deploy the CDA to escape liability. Still, republishing defamatory (or potentially defamatory) matter is always a risky proposition. If you're intent on republishing potentially defamatory matter, speak with your attorney first to assess your risks and defenses [Hung Tan Phan v. Lang Van Pham, 2010 WL 658244 (Cal. App. 4th Dist., Feb. 25, 2010)].

I'm heading to Tampa, Florida for a couple of days to take care of some business. I have my second thesis defense at the University of South Florida, and tomorrow I'm scheduled to give a teleseminar with the Poynter Institute about producing news with with smartphones.

My mobile media journey started a couple of years ago when I used Twitter to share news from the field as I covered the 2008 Gulf Coast storm season for the now defunct HDNews. I don't know how many journalists were doing it at the time, but I found Twitter and hashtags (like #Ike and #gustav) to be a great way to share first hand accounts of what I was witnessing from the field during Tropical Storm Fay, Hurricane Gustav, Ike and Tropical Storm Hanna.

I also used my blog to post the stories that we produced from the field and I shared footage that wasn't included in my stories. Oh if only the iPhone 3GS was out back then. The iPhone and other smartphones like the Android and Nokia models make it extremely easy to share video from anywhere. Other applications and sites like TwitPic allow easy photo sharing.

We all know that media can't be every. But people with these devices are everywhere, and it's changing the face of news and information. As an example, check out these pics from the Chile earthquake that were posted via Twitter.

Of course I can't share all of my secrets, but if you check out this Webinar, you should have a greater understanding of now TV news stations, and vloggers like myself are using technology to innovate the gathering of content.

WTTG Fox 5 in Washington DC, and KOB in New Mexico are doing a great job of experimenting with technology to enhance coverage.

I'll probably be posting mostly mobile videos, so keep it tuned to either my Twitter account, or check back here for the latest video updates.

Forgive the typos, I gotta board my flight!

As more wireless carriers adopt Google Android, many new consumers ask frequently how to do common tasks on their Android phone. This section is dedicated to offering Android Advice to new and experienced Android consumers. There will be more to come, however here are the top 6 frequently asked questions by new Android users:

1. What Android apps should I download?

There are many list all over the web, even many on our website (coming from Blackberry to Android see this list). We'll list a few must have best Android apps to get you started:

• Must Have: Astro File Manager, use this app to browse files on your SD card. Bar Code Scanner, use this app to scan the QR bard codes with all of our reviews to quick link you to apps in the Android Market!
• Task Management: TasKiller
• Battery/Power Management: Power Manager or Screebl
• Email: K9 Mail or Exchange by Touchdown
• Music: Pandora or Meridian Player
• Home Screen Customization: aHome or SlideScreen
• Productivity & Note-Taking: Astrid or Evernote

Keep visiting www.AndroidTapp.com for the best Android app recommendations.

2. How do I setup email accounts?

First gather your POP3 or IMAP protocol access information. Launch Email > type email address and password > Choose either POP3 or IMAP account > enter Incoming POP3 or IMAP protocol information > enter Outgoing information > choose whether email account is default.

3. How do I save battery power?

Try turning off Bluetooth, Wifi and GPS when not needed. Try to minimize update intervals of some apps such as Facebook and Twitter from the settings menu. There are apps to help manage battery power for you such as Power Manager.

4. How do I Customize my phone?

There are many home screen customization apps to give a completely different experience; popular apps include aHome, Open Home and SlideScreen.

5. How do I set Ringtones?

Either purchase them from sources like Amazon MP3 or download free with Mabilo Ringtones.

To place your own MP3 songs as ringtones go to the Android Market to download Rings Extended. Plug your phone to computer via USB cable. An icon will appear in the top left notification bar, slide the bar down (this is called the window shade). Tap USB connected > Mount > on your computer a new drive will appear > drag your own MP3 files to the drive > tap home button > Menu button > Settings > Sound & display > Phone ringtone > choose Rings Extended to browse your MP3 files on the phone.

6. How do I import my Contacts from SIM card?

From home screen tap Menu > Contacts > Menu > Import contacts > Import All (Import allows for single imports)

Have more questions? Feel free to ask in the comments below or Contact Us!

Post by Tim Trefren (Co-founder of Mixpanel, Inc.) guest posted at http://mashable.com/2010/02/02/social-analytics/

When most people think of web analytics, they think about pageview tracking; basically, measuring which pages on a website are being viewed. Pageview tracking is a well-established technology, but it's no longer meeting the needs of many of the most well-known companies in social media. Companies like Facebook, Zynga, Slide, and RockYou are spending tons of resources building their own internal analytics tools.

There's a reason for this: Social media is highly competitive, and the biggest advantage you can have is data. To improve and grow, these companies need to gather as much information as they can, and they need more than simple pageview tracking.

In the following sections I will cover three of the most important things to measure for social applications.

1. Funnel Analysis: Measuring Conversion Rates

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One critical kind of analysis that social apps require is called Funnel Analysis. This is a way of measuring conversion rates, which is the lifeblood of all applications. The term conversion rate refers to the total number of visitors who came to a site, compared to the number of visitors who did a desired action (such as creating an account or purchasing an item).

What Funnel Analysis gives you is a more granular way of analyzing conversion rates. Instead of simply looking at signups divided by total visitors, you figure out the steps that have to be taken to get a user to sign up and measure the individual conversion rates between steps. As you can see from the image above, there's often a pretty steep dropoff between each step, giving you the namesake funnel shape. (Note: the image uses made up stats and is for illustration purposes only.)

This more granular look at conversion rates can have surprising results. Let's take a look at Twitter'ssignup funnel:

1. Hit homepage
2. Go to signup page, fill out registration form
3. Browse suggested topics
4. Add e-mail friends
5. Search for someone

As you can see, the signup process is pretty complicated, and will benefit from detailed analysis. We might find, for example, that there's a huge dropoff rate (a dropoff occurs when many of the people who made it to one step don't make it to the next) at the Add e-mail friends step. Once we've discovered a dropoff rate like this, we have to figure out the root cause. The dropoff rate at the Add e-mail friends step could mean that users are unsure how to continue, causing them to leave, or they might not want to add their e-mail information. We would have to test to make sure.

Ultimately, Funnel Analysis is about finding and improving trouble spots in a website. With continual analysis, changes can be measured and ideas can be tested over time.

2. Engagement Tracking: Measuring What People Do

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As I mentioned earlier, pageview tracking is becoming less and less relevant for many web companies. Instead of the basic unit of measurement being the pageview, they are starting to track more directly relevant things, like the actions people are taking. Twitter, for example, may want to know how many tweets the average person sends and what they are searching for, not how many pages they viewed. Pageviews are just a way of approximating the information we really want, and as the web grows more interactive, they become less and less relevant.

Think about this: Sites exist today on which you never actually change the page. These are highly interactive sites, but they are impossible to track with pageviews, so traditional analytics tools are useless.

This will only become more common as time goes on and more companies develop highly interactive applications and adopt AJAX loading techniques.

3. Visitor Retention: How Many People Come Back?

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This next technique measures a fairly complex but extremely valuable metric for successful web applications.

You can think of Visitor Retention as a measure of how sticky your site is. What we're really measuring is the percentage of people who come back again and again. The most common way of approaching this is to look at a group of users from a single time period (a week, for example) and track their behavior over time.

Here's an example of a retention table that should help clarify things:

Each row shows the weekly retention rates for a single group of users (sometimes known as a cohort). The first row, for example, is the cohort seen between December 7 and December 13, 2009. We can see that 15.15% of the users in that group came back after 1 week, 13.4% after 2 weeks, and so on.

This is crucial information, particularly for social applications, because most of the value lies in the size of the community. An application with low retention is like an empty shell many installs but few active users and you don't want to build an empty shell. You want a thriving, vibrant community.

Retention is a huge factor in building a strong community for a few reasons: You don't have much of a community if everyone is a newcomer (so more old users is a good thing), and the nature of retention is such that you get disproportionate returns on any increases you make. Without going into too much detail, an example would be that increasing retention by 33% might give you 50% more users in the long run.

Twitter is again a good example for us, as the network has been plagued by low retention rates. Twitter may seem successful now, but their low retention rate is troubling. In the past, companies that seemed to be extremely successful (think early Facebook apps) ultimately lost their edge because they couldn't retain their users.

It's entirely possible that Twitter itself could be a fad. With such low retention, I wouldn't necessarily be surprised but it is still too early to tell.

Conclusion

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There's a lot to learn about analytics from the frontrunners in social media. The intense competition has resulted in many new and innovative ways to track and analyze visitor data.

We covered three such concepts in detail today: Funnel analysis, which lets you track conversion rates across whole parts of your site, engagement tracking, which is becoming more relevant than pageviews, and visitor retention analysis, which helps you understand and optimize the number of repeat visitors you get.

Permalink | Leave a comment

Scherillo v. Dun & Bradstreet, Inc., 2010 WL 537805 (E.D.N.Y. Feb. 17, 2010)

I teach my Cyberspace Law students that the most effective online contract formation process is a "mandatory non-leaky clickthrough agreement":

* mandatory = the user cannot proceed to the destination without going through a screen soliciting their consent to the user agreement.
* non-leaky = there are no alternative ways the user can reach the destination. I realize this is redundant with "mandatory," but I remind students that a seemingly mandatory process can have leaks. For example, if customer support representatives will manually set up user accounts occasionally, the mandatory online process has become leaky because now a few users reached the destination without consenting to the agreement.
* clickthrough = the user manifests assent to the contract by clicking, and the user is told that the click signifies assent.

There are other ways to form online contracts (e.g., email exchanges), but if executed properly, the mandatory non-leaky clickthrough process should do very well against contract formation challenges. But even this description leaves open a number of user interaction judgments. Does likelihood of contract formation vary if:

* the agreement terms are presented on the clickthrough page itself or are only available for review by hyperlink?
* the agreement terms are presented in a scrollbox? If a scrollbox is used, must the user be forced to scroll through the scrollbox?
* the user is asked to check an additional box, such as a certification that the user has read the agreement?

In all of these cases, I believe the contract should be properly formed whether the answer to these questions is yes or no. However, I'm now a fan of adding a bonus mandatory checkbox as part of the formation process after reading today's opinion. A user mounts a sophisticated challenge to a mandatory non-leaky clickthrough process, and the bonus mandatory checkbox helps squelch the challenge. I think the court would have enforced it without the checkbox, but it sure put the user in an awkward/untenable position.

Scherillo bought a financial report about a company from Dun & Bradstreet's Small Business Solutions website. Scherillo alleges that the report painted an overly rosy picture of the company, leading him to make bad investment decisions that cost him money when the company tanked. Scherillo wants D&B to cover his investment losses.

Scherillo is almost certain to lose on the merits. Indeed, this case brought to mind one of the earliest cyberlaw cases, Daniel v. Dow Jones, 520 N.Y.S. 2d 334 (N.Y.C. Civ. Ct. Spec. Term 1987). (This case is a fun read--see how the court discusses electronic networked communications almost a quarter-century ago). That case involved Dow Jones' publication of an ambiguous report via a dial-up online service that led the plaintiff to make a bad investment decision. The court said that any tort claim for publishing inaccurate information required the plaintiff to show that it had a "special relationship" (analogous to a fiduciary relationship) with the information vendor, and an ordinary customer-vendor relationship did not qualify as a special relationship.

Interestingly, D&B would rather hear the case in NJ rather than keep it in NY and hope to benefit from substantive NY law that surely would doom Scherillo's case. (Perhaps NJ has a similar law). To move the case to NJ, D&B invoked the venue selection clause in its user agreement. Let's look at the online contract formation process. The court says:

"since 2007, the SBS website has included a page that requires users to register before purchasing a Dun and Bradstreet product ("the registration page"). On the registration page, users input information, including their e-mail address and name. The bottom quarter to third of the page contains a scrollable text box with the title "Terms and Conditions" [which contained a mandatory venue selection clause designating NJ]. Directly below this text box there is more text that reads: "I have read and AGREE to the terms and conditions shown above." Immediately adjacent to this text is a much smaller, empty box ("the terms and conditions check box"). Also at the bottom of the page is another box containing the phrase "Complete Registration" ("the Complete Registration box"). Clicking on this box completes the user's registration. McDonald testified that if a user clicks on the Complete Registration box without checking the terms and conditions check box, the user is unable to complete registration and is returned to the registration page."

Check out the page yourself as I saw it in Google Chrome on Feb. 18 (with cropping). The formation process looks pretty standard to me.

Scherillo attacked the formation process by saying he never consented to the agreement because "it was possible for him to unknowingly and involuntarily 'check' the terms and conditions check box." Not only that, he lined up Sean Chumura, "a cyberwarfare and computer forensics expert" who is also [LINK NSFW] helping Perfect 10 in its lawsuit against Google, to testify that "it was possible for plaintiff, while 'tabbing' through the registration page, to inadvertently hit the space bar and thereby 'check' the terms and conditions box."

[Snarky paragraph alert] First, this may prove the adage that you can find an expert to testify about ANYTHING. Second, Scherillo alleged $75k of investment losses. For a low-value lawsuit like that, he needs a cyberwarfare expert??? Third, I believe Chumura has a MySpace page. Really...? I wonder if he uses an AOL.com email address too. The MySpace page also reveals that its author appeared to attend the Dan Quayle school of spelling.

OK, back to the case. The judge was no more tolerant of this nonsense than I am. He resolves the factual dispute by saying:

even under plaintiff's theory--that, while "tabbing" through the fields on the registration page, he accidentally hit the space bar key and thereby "checked" the terms and conditions box--plaintiff would have seen the check mark appear in the box and then still would have had to hit the "return" key (or clicked the "complete registration" box with the mouse) to complete the registration and advance to the next screen. Plaintiff would have had an opportunity to see that he checked the box inadvertently before he then hit the return key on the "complete registration" box. Thus, to accept plaintiff's theory, the Court would have to find that plaintiff hit two keys accidentally-the space bar and the return key-and that he was then involuntarily and unexpectedly sent to the next screen where he nonetheless proceeded to enter his credit card information and complete the purchase of the report. This alleged chain of events is simply not credible.

Therefore, Scherillo's click on the "Complete Registration" box manifested Scherillo's assent to the terms, even if Scherillo chose not to review them. The court says that the fact that the terms were in a scrollbox is immaterial, and the fact that some sites require the user to scroll through the scrollbox before proceeding doesn't affect the effectiveness of D&B's implementation.

I believe this court would have upheld the formation process even without the bonus checkbox, but you can see how the checkbox defused the withering assault of a cyberwarfare expert. Thus, you might consider implementing the bonus checkbox to discourage similar silly attacks against your contract formation process in the future.

Here's the official synopsis for Matthew Gordon Long's new film:

On a sun-dappled summer day a science expedition propels two children towards an enigmatic encounter at the edge of the their known world. Arriving on an isolated beach, they discover the wreck of a robotic squid submarine. The secret it holds within changes their lives forever.

Set in the nineteenth century, the film follows the two children as they pilot the squid sub all over Canada's West Coast, which is slowly turning into a hotbed for science-fictional weirdness. We love the look of the squid, the kid's "explorer" attire and the overall steampunk-lite feel.

Visit the The Anachornism website for more information, and we'll keep riding this mechanical squid for future details.

SFWeekly Web Editor Alexia Tsotsis (not pictured left) spent some time early this morning trying out Chatroulette, a website that connects random strangers for a video chat. The results are unlikely to surprise you. Unless you are new to this whole Internet thing. Screen shots of some of her more entertaining chats are below the post.

Harkening back to the days of A/S/L, the random vidchat service Chatroulette is one of those online arenas where not being a white male looking to get off puts you in a definite minority. Founded by a 17 year-old Russian high school student named Andrew Ternovskiy, the service is a more successful Omegle, combining elements of the MTV show Next with vidchat capabilities.

Aspiring chatees click to play and as an escape latch you or your partner can hit Next anytime if you get bored, scared, or have to get back to work. The Report video as inappropriate button also seems to provide some comfort, but by judging by the nsfw fare served to me last night, doesn't provide much of a threat.

I pressed play last night at around 3:00 am PST and after about 45 clicks on Next encountered 5 straight up penis shots, a lot of camera disabled chats, two women who automatically clicked Next once they figured out that I too was a female, and a lot of very grateful looking guys, including a Chinese fan of Google and a French guy in indoor sunglasses, who asked me whether I was a more dominate lady or submissive woman in the hope that I would be the former.

Out of the 10,920 of my fellow Chatroulette participants, my Roulettees were a good cross section of Internet humanity. And while I did not encounter the suicide hanging videos alluded to in many of the chats, things like did you hear the one about the guy who shot himself in the bath tub, were brought up in conversation quite a few times, as examples of just how crazy Chatroulette can get.

Anywhere you get a mass of people communicating uncensored (and yes much like 4chan.org, China has not yet blocked Chatroulette) will be subject to typical groupthink behavior like urban myths and requests for interaction better left to the casual encounters section of Craigslist. Nonetheless, the service's potential for more substantial acts of communication is formidable.

Chatroulette is what you'd expect it to be, micro-interactive reality TV with a large heaping of cybersex. While most people are (whether they admit it or not) voyeurs the fact that Chatroulette lets the both participants see each other limits the site's potential user base to the weirdos and despite piquing VC Fred Wilson's interest it doesn't seem like there's currently enough weirdos to turn the humble startup into something mainstream.

One Roulettee, when asked what he thought the service was most useful for, responded, connecting with people around the world. Yeah, and asking them to show you their boobs.

In December 2008, Six Apart acquired Pownce, a microblogging service that never managed to attract a large following. Pownce was shuttered after the acquisition, but its two-person team joined Six Apart to help integrate the technology into Six Apart's blogging services. Today Pownce founder Leah Culver has written on her blog that she's leaving Six Apart, where she spent the last year working on its TypePad and TypePad Motion products. Culver writes that her next project is developing an iPhone application for Plancast.

Despite reports to the contrary, Culver isn't joining Plancast full time (at least not yet). Plancast founder (and TechCrunch alum) Mark Hendrickson says that she's joining on a contract basis to build the iPhone app, but that the long-term future is uncertain. Culver's blog notes that she might continue working on Leafy Chat, a web based IRC client that's in private beta.

One thing worth pointing out: Culver and Mike Malone were Pownce's only engineers, and they were absorbed into the Six Apart team as part of the acquisition. Malone left Six Apart just over a year after the acquisition to join SimpleGeo, and now Culver has left just a few months later. It looks like they had a one-year post acquisition cliff, and given their departures soon thereafter, it's possible the integration of Pownce's technology didn't work out as they might have hoped.

Image by hyku

We Americans like to think of ourselves as trendsetters for the rest of the globe, but when it comes to cell phones, we're still playing catch-up with countries such as Japan and Korea.

In general, Asians use their cell phones in more robust ways than the typical U.S. resident as TVs, wallets, GPS devices, and music players. Japanese cell phones can double as a house key, a credit card, and an ID. Users can even use their cell phones to send their vital signs straight to their doctors.

In recent years, U.S. companies have made baby steps toward incorporating more advanced cell phone features, particularly in the areas of mobile banking and video broadcast. Meantime, the Asian cell phone market continues to be a good predictor of features that could soon be included in American cell phones. For example, Japan had cameraenabled cell phones two years before Americans ever went gaga for them.

Curtis Schenck, a manager of corporate relations at NTT DoCoMo USA, gave TechNewsDaily the scoop on the hottest features in the Japanese market right now. Try not to be too jealous.

1. Personal Butler

Customers don't have to Google for information, since i-Concierge acts as their butlers or personal assistants and caters to their every need. Users can input their food preferences, neighborhoods they like, and entertainments that they enjoy. When new information is downloaded into the system, they get push notifications that are based on their preferences. For example, if they like Thai food and a new Thai restaurant that is opening nearby, their cell phones will notify them.

2. Investigative Visits

This takes the Verizon commercials to a whole new level. If a users' five-bar reception signal drops to three bars or if they have a dropped call, they can call customer service and a team will be sent out to investigate the problem.

3. Barcode Reader

Japanese phones can read QR marks, which are sophisticated barcodes for businesses. If an Asian cell phone user is walking down a Tokyo street and walks past a restaurant that isn't open, they can point their camera to the QR mark and their phone's browser will automatically be routed to the restaurant's Web site.

4. Free TV on the Phone

Subscribers can surf 13 free TV channels on their phones. DoCoMo has also launched their own channel called BTV to air programs that are filmed specifically for the mobile phone.

5. Phones as Payment Systems

Osaifu Keitai, also known as the mobile phone wallet, lets users load up credit card information onto their phones. If stores have a reader, users can swipe their phones over it to pay for their purchases. Cell phones can also be used to pay for subway and train tickets.

6. Send Money to Other Subscribers

Some Asian countries allow users to send money using their cell phones. Users simply input another person's phone number and the amount they owe them and like magic, the money is transferred.

7. Internal Wi-Fi Spot

Japanese cell phone users can download a movie onto their mobile phones and show it on their TVs. This is another way to get entertainment on demand. A femtocell base transceiver station (BTS) in the home hooks up mobile phones to the DoCoMo network through a broadband line such as an optical fiber. The femtocell BTS lets a person with a cell phone download videos and music files. Through femtocell BTS, a person can set up a private wireless network for their home appliances, entertainment systems, and other devices.

8. Home Security Service

Japanese cell phone users can lock their doors and manage their home security systems remotely using their mobile devices. They can also adjust appliances and set environmental controls, so their lights and heat can be switched on before they get home.

9. Environmental Awareness

DoCoMo has deployed environmental sensors throughout Japan and people are now able to monitor air quality, temperature, and UV rays around them using their cell phones.

10. Reads Vital Signs

In the same way that we might plug headphones into our iPhones, Japanese cell phone users can plug in equipment such as a blood pressure monitor to their phones and send vital signs directly to their doctors. This helps save some people a trip to the doctor.

• Mobile Phone Use Soars
• 10 Profound Innovations Ahead
• Americans Are Info-Junkies

Alicia Keys

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Alicia Keys
Keys performing at Pavilho Atlntico in Lisbon, Portugal on March 19, 2008
Background information
Birth name	Alicia Augello Cook
Also known as	Lellow
Born	January 25, 1981 (1981-01-25) (age 29)
Origin	New York City, New York, United States
Genres	R&B, soul
Occupations	Singer-songwriter, multi-instrumentalist, composer, arranger, record producer, actress, music video director, author, poet
Instruments	Vocals, piano, keyboards, cello, synthesizer, vocoder, guitar, bass
Years active	1985present
Labels	Columbia, Arista, J
Website	www.aliciakeys.com

Alicia Augello Cook (born January 25, 1981), better known by her stage name Alicia Keys, is an American recording artist, musician and actress. She was raised by a single mother in the Hell's Kitchen area of Manhattan in New York City. At age seven, Keys began to play classical music on the piano. She attended Professional Performing Arts School and graduated at 16 as valedictorian. She later attended Columbia University before dropping out to pursue her music career. Keys released her debut album with J Records, having had previous record deals first with Columbia and then Arista Records.

Keys' debut album, Songs in A Minor, was a commercial success, selling over 12 million copies worldwide. She became the best-selling new artist and best-selling R&B artist of 2001. The album earned Keys five Grammy Awards in 2002, including Best New Artist and Song of the Year for "Fallin'". Her second studio album, The Diary of Alicia Keys, was released in 2003 and was also another success worldwide, selling eight million copies. The album garnered her an additional four Grammy Awards in 2005. Later that year, she released her first live album, Unplugged, which debuted at number one in the United States. She became the first female to have an MTV Unplugged album to debut at number one and the highest since Nirvana in 1994.

Keys made guest appearances on several television series in the following years, beginning with Charmed. She made her film debut in Smokin' Aces and went on to appear in The Nanny Diaries in 2007. Her third studio album, As I Am, was released in the same year and sold six million copies worldwide, earning Keys an additional three Grammy Awards. The following year, she appeared in The Secret Life of Bees, which earned her a nomination at the NAACP Image Awards. She released her fourth album, The Element of Freedom, on December 15, 2009. Throughout her career, Keys has won numerous awards and has sold over 30 million albums worldwide, establishing herself as one of the best-selling artists of her time. On December 11, 2009 Alicia Key's was ranked as top R&B artist, the fifth top overall artist and the second top female artist (behind only Beyonce) of the 2000-2009 decade by the Billboard Magazine decade end chart. ^[

Now picture our perspective leaving our own experiences, zooming out and up until we can see how all the different groups are interacting on a worldwide social network. That bird's-eye view could be both beautiful and horrible if the resolution was clear enough. That's what a Ramen-eating, ex-Apple engineer named Pete Warden is about to release to the public this week.

Sponsor

This Wednesday, Warden will make Friend, Fan page and name data from hundreds of millions of Facebook users available to the academic research community. It's a move that Facebook has to have seen coming, a move that many in the data-centric community have been calling on the company itself to do for years, and an event that's been complicated by Facebook's recent privacy policy changes, which have muddied the waters of right and wrong but rendered even more data available for outside analysis.

If what people call Web 2.0 was all about creating new technologies that made it easy for everyday people to publish their thoughts, social connections and activities, then the next stage of innovation online may be services like recommendations, self and group awareness, and other features made possible by software developers building on top of the huge mass of data that Web 2.0 made public. It's a very exciting future, and Warden is about to fire one of the earliest big shots in that direction.

Nerds in Space: Social Graph Analysis For Solving Large-Group Problems

Warden studied Computer Vision in college in the U.K., then got into game development. After moving to L.A., he spent six years building graphics drivers for the original Playstation and the XBox. Then he started his own independent business, where, thankfully, he open-sourced much of his work (something he's still doing today).

When he found out that starting his own business wasn't going to work with his immigration status, he was very fortunate to have also caught Apple's eye with the software he had been releasing to the public. Apple bought his company in order to bring him on board. The proceeds of that small sale are now sustaining his next project after going independent again.

After spending five years at Apple struggling to navigate the maze of people and connections and types of expertise in order to get the information he needed, Warden decided to go independent and build a company that solved exactly that kind of problem. "I can't think of a better big company to work for, but it was still a big company," he says. "It was hard to find the right people to talk to, whether for particular expertise or for contacts at external companies." And so Warden left Apple to build a company that would use social graph analysis to solve problems like that. He called the company Mailana, a play on "mail analysis" since he was initially focused on email social graph analysis.

We've written here a number of times about Mailana's tool that analyzes the social graph of any Twitter user. Enter the username of someone on Twitter and Mailana will show you which 20 other people the user has exchanged the largest number of reciprocal public @ replies with. Find someone interesting or important? Mailana's Twitter analyzer will tell you who they most regularly interact with. See, for example, The Inner Circles of 10 Geek Rockstars on Twitter.

Pulling Down the Facebook Social Graph

Now Warden is about to unveil a much larger project along the same vein. For the past six months he's been crawling public profile pages on Facebook. He now has more than 215 million of them indexed and updated about once a month. When he began he was using the Web crawling service 80legs, but over time he had to build his own crawling infrastructure.

When I talked to him this afternoon, he had already begun uploading 100 GB of user data onto his server to make it available for academic research starting on Wednesday. Warden says he's removed identifying profile URLs but kept names, locations, Fan page lists and partial Friends lists. All those fields of data are just waiting to be analyzed and cross referenced. That's one very rich resource.

Yesterday Warden posted some of his own initial observations from the data on his personal blog. Those included:

• In almost every state in the Southern U.S., God is number one most popular Fan page among Facebook users. Among people in the L.A., San Francisco and Nevada regions? "God hardly makes an appearance on the fan pages, but sports aren't that popular either," Warden writes. "Michael Jackson is a particular favorite, and San Francisco puts Barack Obama in the top spot." In the Oregon and Idaho region? Starbucks is number one.
• In the Mormon-influenced areas of Utah and Eastern Idaho, the most popular Fan pages are The Book of Mormon, Glen Beck and the vampire book Twilight, which was authored by a Mormon.
• The bulk of Warden's posted analysis yesterday was about location networks. People in the western U.S. tend to have Facebook friends all over the country; people in the southern U.S. tend to mostly be friends with people who have remained in the same area.

Taking a Deeper Look

These observations are interesting, but they are only the beginning of what's possible. Name, location, friends and interests are great data points to analyze. Warden has written a program that will estimate gender as well, based on names. All these data points can be cross-referenced with outside data, too. Members of Facebook's own staff did this kind of analysis when they compared user last names to U.S. Census data, which allowed them to estimate changes in Facebook's racial composition over time based on the likelihood of people with particular last names to report a particular racial backgrounds.

"I'm mostly thinking 'What do I try first?'," Warden says. "There's so many interesting ways to slice the data - especially as I'm starting to get changes over time. I'm also trying to map out political networks in aggregate; how polarized the fans of particular politicians are - so how likely a Sarah Palin fan is to have any friends who are fans of Obama, and how that varies with location too. One of my favorite results is that Texans are more likely to be fans of the Dallas Cowboys than God."

Warden says he hasn't talked to anyone from Facebook since he started crawling the site, but he did get an email from someone on the security team asking him to take down instructions he'd posted that exposed a security hole that made harvesting peoples' email addresses easy. So the company is paying attention. "I'd love to see them put me out of business by putting decent data out there," Warden says. He says his Amazon Web Services bill was over $5,000 last month.

Why is he indexing all this content and why is he going to hand it over to the academic world later this week? "I am fascinated by how we can build tools to understand our world and connect people based on all the data we're just littering the Internet with," Warden says.

"Nobody thinks about how much valuable information they're generating just by friending people and fanning pages. It's like we're constantly voting in a hundred different ways every day. And I'm a starry-eyed believer that we'll be able to change the world for the better using that neglected information. It's like an x-ray for the whole country - we can see all sorts of hidden details of who we're friends with, where we live, what we like."

For a great example of the kind of social impact that data analysis can make, Warden points to some of the fascinating ways that GIS data is illuminating the intersection of race and public services. Data has shed light on social injustices for decades, and measurable information about the interactions of hundreds of millions of people every day on Facebook offers opportunities to discover both good and bad news about the contemporary human condition.

Warden says he's not yet been able to interest any investors in his ideas for businesses based on this data, so his girlfriend Liz Baumann, a former insurance actuary, stepped in to help and is now running much of the crawling. He says he's now focused on "working on ways of presenting all this information in a form that answers questions for people willing to pay." His first experiment along those lines is the very interesting FanPageAnalytics.com.

What does Pete Warden hope for from this week's public release of all this Facebook data? "Hopefully I'll get to see a bunch of interesting [academic research] papers come out of it, worst case. And I'd like to be the guy people turn to when they need stuff like this."

Already well-respected among a fringe group of bleeding-edge geeks, we hope that Warden's work on social graph analysis will end up impacting a far larger number of people than may ever know his name.

Things are clearly on the decline over time. In fact, Chris Silver Smith projected that if this trend continues, the yellow pages will be toast.

Google Trends also allows for state by state views of a term's popularity. For example, here is what the term Yellow Pages looks like when filtered for Massachusetts:

Notice the steeper decline than the national level.

Heading South, here is what Alabama looks like:

Less steep than the national trend.

It looks like Louisiana has spilled the least amount of yellow blood over the past six years:

And what city within Louisiana is the strongest? Metairie: the city that elected white supremacist David Duke to Congress in 1990.

What about Minnesota? The yellow pages decline is much steeper than the national average:

Of course, there are some cities holding out. Louisianas of the North, perhaps? Here they are:

This may help explain why yellow pages companies have such a hard time understanding pushes for opt-out legislation in places like Minnesota, Oregon, and Hawaii. On the ground in places like Texas or South Carolina, yellow pages use may be holding relatively strong. I'm sure there are places that are practically a generation behind major US cities when it comes to Internet access. Without fast, reliable Internet access and the funds to buy a decent computer, the Yellow Pages are a rational choice for business information. That's less the case in major cities, who've generally had access to 10+ years of high speed Internet access.

LittleSis API: LittleSis is a free database tracking the key relationships of politicians, business leaders, lobbyists, financiers, and their affiliated institutions (also described as an involuntary facebook of powerful Americans, collaboratively edited). The LittleSis API exposes the raw data used on the LittleSis website. The data consists of basic information about people and organizations, and the relationships between them. It uses a RESTful interface and responses are formatted in XML and JSON.

Mixpanel API: Mixpanel is a web service that lets companies track how users engage with their websites in real-time. The Mixpanel API allows users to post and access the data that Mixpanel is analyzing. This is a RESTful API and responses are returned in JSON format.

Mood of the Nation API: Mood of the Nation API allows clients to retrieve the raw trending data associated with the free Mood of the Nation iPhone application. The application collects mood information (physical, mental, emotional) from users and trends over day, week, month.

Motime API: The Motime Open Access platform is an affiliate program based on the APIs of the Motime service which allows partners/affiliates to advertise Motime ringtone content on their own web or mobile sites and earn money for each referral given to Motime. The search API offers a REST protocol to allow developers to link their content with Motime's catalog of ringtones.

Muselius API: The Muselius API can be used to display information on up to 99 museums in an area on your own web site. The information about museums can be used to enrich your art related sites, hotels and tourist sites. Muselius is a global directory of museums. Our mission is to facilitate the information you need for visiting museums all over the world. Muselius is created and maintained with the help of many users who update and complete the data we have about each museum.

OpenSRS API: OpenSRS API is intended for resellers who offer domains and supporting services to their customers. Resellers can provide functionality to their customers by integrating data from the RESTful API functions (includes SSL support). Developers can use the API to run queries or automate tasks that would otherwise be performed manually using the Domain Name Control Panel.

By being more powerful we mean that the Eee PC 1005PE features 2GB of RAM, and 320GB of HDD. The screen remains at 10.1-inch of course with 1024x600 resolution. It's battery pack is still 6-cell 4400mAh with 11 hours of battery life and of course it is powered by Intel Atom N450 CPU running Windows 7.

Since it is not officially announced yet, no official pictures are available, even its price and release data are uncertain at this moment. But we will sure bring these information to you once they became available, so stick around.

via Blogeee

A post from the Asus Eee PC blog.

Eee PC 1005PE-H Spotted, More Powerful than the One without an H

The web is becoming more dynamic, context-aware and personalized by the day, and the amount of information consumed by each person is increasing exponentially. But while hardware performance is improving, except when it comes to the simplest of parallel programming tasks, software infrastructure is not keeping pace. We need to develop new data processing architectures ones that go beyond technologies like memcached, MapReduce, NoSQL, etc.

Think of this as a search problem. Traditionally, there was an index of every document in which every word occurred. When a query was received the search engine could just look up the precomputed answer to which documents had which word. For a personalized search, an exponentially larger index is needed that includes not only factual data (words in a document, brand of cameras, etc.) but also taste and preference data (people who like this camera tend to live in cities, be under 40, love Napoleon Dynamite, etc.).

Unfortunately, personalizing along 100 taste dimensions leads to nearly as many permutations of recommendation rankings as there are atoms in the universe! Obviously there isn't enough space to precompute what recommendations to show every possible type of person that queries a site. Additionally, precomputing the answer to queries is too slow. People expect real-time results, not hours- or days-old precomputed answers. If I tell Amazon I don't like a book, I want to immediately see that reflected in my recommendations.

We're at a turning point in how we need to build web sites to handle these sorts of personalization problems. While first-generation distributed systems split the application into three tiers web servers, application servers and databases second-generation systems build large non-real-time back-end clusters to analyze huge amounts of sales data, index billions of web documents etc.

A third generation of systems is now emerging, with the computation shifting from those back-end clusters into front-end real-time clusters. After all, you just can't build a back end that precomputes personalized results for millions of Internet users. You have to compute it in real time.

Adding complexity, many personalization problems are more difficult to parallelize than a lot of traditional back-end applications. Indexing the words in web pages is actually a lot easier to parallelize than are the long sequence of matrix calculations required to optimize a user's recommendations.

Matrix calculations tend to involve complicated data access patterns that mean it's hard to partition calculations and their data across a cluster of computers. Instead there tends to be a lot of sharing among many different computers, each of which holds a piece of the problem and updates the others as data changes. This back-and-forth data sharing is both incredibly hard to keep track of for the programmer, and can significantly degrade application performance.

The systems we've built at Hunch to solve this started off using distributed caching with memcached but very quickly veered into something more akin to distributed shared memory (DSM) systems, complete with multiple levels of caching, coherency protocols with application-specific consistency guarantees and data replication for performance. With an abundance of processing cores at our disposal, the real challenges tended to revolve around getting the right data to the right core.

I think that in a few years we'll look back at this time as an era in which a slew of new large-scale programming challenges and their solutions were born. Hopefully we'll also see more open-source solutions along the lines of memcached and Hadoop, so that building personalized and real-time web applications is easy for everyone.

Tom Pinckney is the co-founder & VP of engineering of Hunch.com.

Related GigaOM Pro content:

• What's Next for the Cloud? Distributed Architectures
• Infrastructure Winners and Losers of 2009

Dallas Lawrence is Chair of the Social and Digital Media Practice at Levick Strategic Communications, the nation's top crisis communications firm. He blogs on emerging digital media trends and best practices for social media engagement on Bulletproof Blog. Connect with him on Twitter @dallaslawrence.

Social networks have truly come of age in the last year. No longer viewed as lonely outposts for youthful college slackers, the reach of these platforms has grown exponentially. Today, more than two-thirds of the world's Internet users visit the social networking sites that reel in billions of eyeballs every 24 hours.

Yet, despite the staggering growth of social networking, determining how to monetize social media platforms remains a tough code to crack for even the savviest of companies. As such, identifying new revenue models will be instrumental in kicking off the next cycle of the social networking phenomenon in 2010.

If Anyone Can Do It, Facebook Can

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Facebook, social networking's acknowledged leader, has surpassed every platform on the market today, corralling more than 350 million unique users globally. If any social network is poised to design a winning formula for successful revenue streams in 2010, it's Facebook. CEO Mark Zuckerberg has set an aggressive agenda for the company, publically stating that he expects social networks to become as essential as web browsers and operating systems, and he has set the lofty yet entirely realistic goal of 1 billion users worldwide.

In the less than five years since it expanded beyond scholastic audiences, Facebook has not only grabbed the lion's share of users, it has engaged them like no other platform on the Internet. The average Facebook user visits the site at least once a day and spends an astounding 55 minutes engaging friends and family - statistics that another Zucker (Jeff) would probably kill for over at NBC.

While translating such popularity into dollars and cents isn't easy - especially in an industry whose users have grown accustomed to getting something for nothing - Facebook could potentially provide a monetization template that would revolutionize social networking as we know it.

The Next Level of Advertising Revenue

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Advertising has traditionally provided the simplest means of generating revenue. PricewaterhouseCoopers reported in October that Internet advertising revenues totaled $10.9 billion for the first half of 2009. It's been estimated that Facebook alone took in $435 million of that total. But for a site with nearly half a billion users, a quarter of which spend more time within the network than watching television, these numbers represent just the beginning potential.

First, Facebook needs to admit to itself that it is in the business of selling ads. By better managing its advertising network, intelligently expanding its marketing options, and developing workable social ads that leverage the branding power of friends and connections, Facebook can begin to capture its rightful share of online ad revenues. The final piece is to increase awareness and understanding of Facebook ads among corporate decision makers.

For example, every executive in America today understands the value of purchasing Google ads - and that didn't happen by accident. Google understood that what caused it to dominate online search wasn't going to ultimately position the company as a global corporate powerhouse valued at nearly $200 billion. Google's aggressive marketing, communications, and lobbying shops have worked to ensure every ad buyer, political campaign, marketing executive, and public relations flack knows the value of the service and has direct and easy access to account executives who explain the much worshiped ROI Google ads provide.

Today, Facebook stands on the precipice Google inhabited just before it became a top money-maker. By taking a page from the Google playbook, and aggressively marketing and explaining its power to influence buying decisions, Facebook ads could become as essential to 21st Century marketing as the yellow pages were in the 20th Century.

E-Commerce Stop Sending Customers Away

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The launch of Facebook as a true e-commerce site holds immense potential as a business solution and could forever change the way we shop. Online purchases through the first three quarters of 2009 totaled $98.3 billion according to the Department of Commerce. For the majority of companies selling products online who are also engaged on Facebook, opening Facebook fully to direct e-commerce transactions will dramatically change how businesses advertise and how consumers buy goods online.

Consumers and companies would flock to a Facebook storefront for one simple reason: We do everything else there. Imagine an integrated, one-click solution whereby your friends see your recent purchases (because you were incentivized by the brand to share your information) in their feed and are able to simply point, click, and purchase the same item.

With a few adjustments, companies can make timely offers of birthday gifts for friends, travel arrangements for event items, or the latest music from favorite artists - and make the sale without forcing the user to leave Facebook or put in new login information.

Rather than driving their 350 million users away from the platform to close the deal with retailers and purchase the item on an external platform, Facebook could benefit financially by charging companies a percentage of sales, a fixed rate to have a storefront, or from increased advertising opportunities.

Premium Subscription Options

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Finally, whether users like it or not, Facebook will do itself a long term disservice if it does not consider premium subscription options. Users (whether they are corporations or teenagers) are amenable to paying for even the simplest features and functionality, as evidenced by the success of Facebook gifts.

Nothing good in life is free. It's a stark, mature reality that Facebook (and its users) need to face in 2010. By leveraging economies of scale, Facebook can churn a sizable profit without alienating users. Would you pay one dollar a month to share higher-resolution photos or upload higher-quality or longer videos? Last month, 2.5 billion photos were uploaded to Facebook. Even if only a quarter of the site's active users opted for premium options, this one change would generate more than $1 billion in annual revenues.

Improving advertising, developing an e-commerce platform, and adding subscription services will not only generate the revenue necessary to make the transition from highly adopted to highly profitable, it will open revenue streams as Google did before for the next generation of digital developments.

More business resources from Mashable:

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- Social Media Marketing: How Pepsi Got It Right
- 5 Ways Small Businesses Can Avoid Social Media Panic
- HOW TO: Take Advantage of Social Media in Your E-mail Marketing
- HOW TO: Implement a Social Media Business Strategy
- 18 Online Productivity Tools for Your Business

Image courtesy of iStockphoto, peterspiro

Tags: advertising, business, e-commerce, facebook, MARKETING, monetization, monetizing, money, social media, social networks

The iPad is not the transformational device so many Apple enthusiasts were hoping for. It won't turn all the content industries upside down, it won't be your primary computing device, and it's not even a bigger, better iPhone.

Apple CEO Steve Jobs introduced the iPad as a device to fill the gap between smartphones like the iPhone and high-end laptops like the MacBook and MacBook Pro. He said there needs to be a middle device, but it needs to be better than the alternatives at what it does. Netbooks currently fill the void, but according to Jobs, netbooks aren't better at anything. He and his colleagues at Apple believe that the iPad is.

Apple's website and promotional video call the iPad magical. We're told the iPad is the best way to experience the web, email, photos, and videos. Hands down. But it's not it's not even close. It's mighty cool, it's super convenient, and it's very sexy, but it's not even better than a netbook at some of those things.

This isn't the middle device folks have been waiting for because and I'm using Steve Jobs's own criteria here it's not better at anything than any other device on the market. It's a step in that direction, but the day hasn't come yet. Here are just a few of the ways the iPad isn't as magical as Apple claims.

It's Not the Best Way to Browse the Web

Steve Jobs said it needs to be a better web device than the alternatives. The Apple website says it's the best way to experience the web. Some variation of that phrase is repeated several times in the promotional video Apple has released. But it's just not true.

It might be one of the best ways to browse the web on a mobile device, but laptop and desktop computers even netbooks are still better. Most current websites were designed to be experienced on those devices with a mouse and a keyboard. Maybe the mouse isn't necessary, but you don't have to pop up a software keyboard to type in URLs on a netbook or laptop. Even if you lug around the keyboard dock, it will be a tad awkward moving between the keys and the screen to interact. You're sacrificing some usability for simplicity on the iPad.

Most importantly, the iPad's browser does not support Adobe Flash, the foundation of rich media on the web today. Adobe is planning to make it possible for Flash developers to develop apps, but it won't work on the web.

I'll admit that the decision not to support Flash is a logical one if you start at the right premises; Flash is responsible for countless reported crashes on Macs, and Apple can't control it to ensure quality of experience. Apple is banking on a transition to HTML5 and CSS 3 for rich web content. While that transition has already begun, it hasn't fully happened yet. Until it does, it's ridiculous to call this device the best way to experience the web when one of the most ubiquitous and essential web technologies is not supported.

It's an Unprecedented Win for Closed Computing

Many of the software restrictions that drive people mad when they're using the iPhone are going to be just as frustrating on the iPad. All the device's content apps, songs, TV shows, movies, books, you name it can only be processed through Apple's iTunes Store.

You won't be able to drag and drop or share files with other computers like you can with your laptop on your home network. You won't be able to download a program or music file from the web and play it on the spot. You won't be able to use any application that doesn't meet Apple's strict approval guidelines. It's closed computing at its most extreme.

Unfortunately we've come to expect that from our smartphones. For a larger device that's supposed to replace your netbook as a complete portable computing solution, though, this is almost unprecedented at least from a device that's likely to have a great deal of influence on the market and on the design of future devices. That's bad news no matter how you spin it.

It's Not Really a Competitive eReader

The Kindle owns the eReader landscape right now, and the greatest expectation for the iPad was that it would bury the Kindle. While the iPad's reader interface is indisputably sweet-looking and the list of participating publishers is promising, there are several ways it just won't beat the Kindle.

The most important issue is the price. The Kindle costs $260; so do Barnes & Noble's Nook and the comparable Sony Reader. The Kindle even comes bundled with free 3G network access, though it admittedly can't do anywhere near as much with it as the iPad can.

But if you are considering the iPad primarily as a reader, that price difference is a big problem. Also a big problem: The lack of an e-ink display. E-ink doesn't wash your face in eye-strain-inducing light like the displays on the iPhone, the iPad, and laptop computers do. It's meant to be a soft experience, just like reading a book. Without e-ink, you might not be able to tolerate spending four straight hours reading Stephen King's latest on a regular display, cool IPS tech aside.

Finally, as impressive as 10 hours of battery life is for a multi-purpose device like the iPad, the Kindle can run in reading mode for a week without recharging longer if Wi-Fi is disabled. Because it's trying to do everything, the iPad isn't the best at anything.

It's Not Worth It If You Have a Smartphone and Laptop

If the iPad isn't a good option as a middle device, it ought to at least be attractive to power users and enthusiasts who already have other devices. Unfortunately, it's not.

It's not significantly better at anything than either your iPhone or your MacBook. It can't be used as your daily workhorse computer on the go, because just like the iPhone's OS 3.1.2 the iPad's OS 3.2 doesn't multitask. And if you already have an iPhone, you can do basic information gathering, mapping, and so on while you're on the go without spending an additional $29.99 per month for 3G service.

Further, your laptop or netbook very likely has a web cam for video conferencing, and your cell phone probably has a camera (or even video camera) for capturing images. The iPad has neither.

Since the interface is graceful and satisfying, you might want to buy it as an extra device just for the experience, but at between $499 $829, that's not practical for most consumers.

The Anti-Hype

The iPad isn't going to be a phenomenon with either netbook users or power users. It's not better than existing devices at anything, and it's too expensive for most people to use it as a secondary device. I might have said something different if the rumors that the iPad would be all about a new push in the content marketplace were true, but that didn't happen. Instead, we got a cool toy.

Tags: apple, Apple Tablet, ereader, ipad, Kindle, Opinion

Editor's note: This a guest post written by Joff Redfern. Redfern is the co-founder of FlattenMe.com, a site for creating personalized storybooks. He was formerly a vice president of product at Yahoo, where he managed Yahoo Buzz and Toolbar.

Amazon Kindle: The Road Ahead

I'm a recent Kindle fan boy. I like the instant access to earth-friendly books, the paper-like display and the way it fits in my hand like a paperback. I've also deeply admired the crispness of the Kindle visionany book, any language, in minutes. But with Apple's iPad announcement the playing field on which the Kindle competes shifts and the disruptive technology itself gets disrupted.

If I were running the Kindle I would answer this question today: Are we innovating the publishing or the entertainment industry? Is the Kindle just for my reading entertainment or is it for watching, listening, gaming, browsing, sharing photos, and communicating with friends & family too? Ultimately the answer is shaped by consumer preference, competitors and time measured in years.

As a product guy this is a really intriguing question to try to unravelwhich path should Amazon choose? Over time this is what may push the Kindle into being more than just a reader . . .

For the same price, more is better

Will consumers prefer a multi-purpose entertainment tablet over a single-purpose reading device as their prices converge? This is a religious question; sides will be drawn. I look to the evolution of my own personal technology habits for the answer.

When I wanted to manage my contacts I started with a paper-based Address Book, upgraded to a Digital Rolodex, upgraded to a Palm V, upgraded to a Blackberry, then upgraded to an iPhone. Fundamentally I was trying to solve how I manage and communicate with my contacts. With each upgrade I got more functionality yet the price point for each device was not radically different.

If consumers can eventually get an entertainment tablet that also has the core features of a great reader (screen, content catalog, ease of purchasing) at under $200 they'll want more.

Prices drop. Over time, price won't be a factor in the purchase decision.

Today, Kindle enjoys a price advantage over the iPad. It is nearly half the price, starting at $260 versus $500 for the iPad, although the cheapest Kindle DX with an equivalent 9.7 inch screen is $489. That is pretty close already. What happens when the price of iPad-like devices trend down to a point of consumer indifference?

Moore's Law and business model innovation will drive the iPad-like devices to sub-$200 pricing. Unrealistic? The retail price of the iPhone 8GB dropped ~83% in 3 years from $599 to $99.

Also keep in mind that entertainment tablets are using different math from the Kindle. The device pricing will be subsidized by multiple revenue streamsdownloads of books, music, movies, games, apps, advertising, and more. Today I can get a cell phone device for free, will my iPad be free some day?

Competitors are playing a platform war. Is Kindle?

Apple, Google and Microsoft have massive investments in their respective mobile platforms. In particular, Apple is king of the mobile mountain. As Jobs declared today, Apple is now the largest mobile device company in the world.

This Apple sizzle has drawn 100,000+ developers and publishers to its iPhone (and now iPad) ecosystem. These apps are already available to entertain us in all sorts of ways on the iPad beyond what Apple exec Scott Forstall showed today.

Amazon knows this. Last week they announced a developer API is coming. So the question remains how robust is the API and will the developer community bite, or is it game over?

What would you do if you ran the Kindle?

Our little Apple Tablet scavenger hunt has come up mostly empty-handed. Steve Jobs is gonna drop some knowledge on us today, and we're as in the dark (mostly) as we were weeks ago. And you know what? One of the main things we've learned from this little exercise is that the people who are most interested in today's announcement are also the least interested to learn anything in advance.

Here was one of the most fascinating and downright poignant responses our contest elicited, from a reader in India:

I want to make a kind request to you please to call your scavenger hunt off.

We all know why we are so intensely trying to find out the littlest morsel of information about the Apple Tablet and are hardly interested in any other company's slate device - only because Apple will create history with such a device.

I want to emphasize on the fact that Apple puts a lot of effort to building keynotes, which, for many people like myself, are like blockbuster movies. We never had the fortune of being at a live one, so we try to make the best of it being streamed online. Like you remember at the 2007 iPhone keynote, every other moment there was surprise. People had never seen anything quite like it before. And all of it coming from Steve Jobs made it a historical day in technology.

It is my earnest request to you, please let Apple do it again. We all want to know what the Tablet is going to be like. Your bounty offer may (and probably will) instigate people who want to sell their souls. I'm not blaming you or criticizing you. We don't want a few details or pictures to leak out before the official announcement. There's just a few more days left till Jan 27. Please let Steve Jobs introduce it the Apple way. Pretty please. It will be a lot more fun !

Would this guy have clicked through if we had received a real picture? Most definitely. Has he probably clicked on all of the hundreds of mocked up photos and videos? Almost certainly. But the fact that those were fakes was all part of the fun. Sure it's all a bit cynical in its consumerist frenzy, but the Apple's big, heavy-handed reveals are also a good time a bit of mystery, of (imagined) corporate intrigue, of envisioning suddenly-available outer space future products that were previously just the stuff of science fiction classics like Freejack and Demolition Man. (Classics, I tell you!) Remember the iPhone? When ol' Jobsy carted that thing out a few years ago it sufficiently blew most of our brain bones, and wasn't that kind of fun. I mean, rather than knowing all its details ahead of time?

Like blockbuster movies! That's sort of sweet in an irredeemably nerdy way, isn't it? There is something about the grandeur and anticipation of one of these keynote magic shows. Yes it's all nasty and capitalistic and cold and inhuman, but a little bit of excitement never hurt anyone, especially in these penurious times, when a Cosmo centerfold has assumed the regency and rules us all from his throne made of the bones of the New York Yankees.

That doesn't mean every scrap of purported "truth" about Apple's mystery tablet can't drive tons of pageviews (I mean, uniques!). But the real kick of feverish Lost guessing and obsessive Tablet rumoring is the pure joy of speculation with gleeful abandon. Here's the root truth of it all: No one actually wants to be proven right, because then it would all be over and we'd just return to our lives, the answer never actually being as big as we'd hoped, nay, dreamed.

It's a childish thing this entity we call imagination just turned a bit hard and practical by adulthood. No longer do we imagine whole unknown worlds existing in wardrobes or cupboards, but we can be fascinated with the possibilities of that ABC show starring the dude from Party of Five and the potentiality that Penny's computerbook from Inspector Gadget might sort of be real. The minute those youthful fantasies are quelled and quieted by cold hard facts, well... the whole activity loses a bit of its sparkle.

It's the kind of thing the internet can ruin too often. Take another small pleasure: movie previews. Remember movie previews? Oftentimes they were the best part of the whole moviegoing experience. What fresh new hell awaited us come springtime? What joys would poet-scholar John Woo soon be foisting upon us? It was nice to see some new things, things you'd never heard of!, before settling into your seat and getting progressively more bored by your feature presentation. They made movies seem big, eventful, singular. If you wanted to see what was coming up, you had to go sit in the dark and wait for them to show you. But now! Now you've got internet web sites all over the highway that'll show you a teaser sneak trailer for a movie that won't be out until Armistice Day 2014. They've got previews for everything, those internet people. And it ruins all the fun.

Sure it's still sort of exciting when they pop up on the online, but it ruins some of the formality, it just spreads and bleeds the thing out so everyone can see it. Movie previews aren't as controlled and specific anymore. By the time they're up on the flickering screen there, I've already seen them three times over. It's boring, it's vaguely sad to have basically ended this tiny pleasure I enjoyed as a kid. I don't know why I do it to myself. And yet I do.

Though I suppose the whole ruined movie trailers thing isn't the same as a spoiler. A spoiler would be, like... someone telling me about Lost, I guess. Well, I haven't spent five sweaty years emotionally invested in just what the fuck the iTablet or iPad or whatever is all about, but it's still the same giddy joy of anticipation. In the end, what do we get out of either thing? Nothing, really. We're either $700 poorer or we're in six years of emotional debt to friends and family for being unbearably annoying about What Is In the Hatch. But screw it, we gotta take fun where we can get it and I appreciate it not being squashed.

So thank you Apple robot security guards for taking your whirring steel pincer claws and strangling that lab tech who was trying to smuggle an iNewspaper out of the office. That entrepreneurial fellow (he'd have been a hundred-thousandaire!) didn't die in vain. A not-so-well-kept secret is kept so for a few more hours, which will give me (and all of youuu) some dull sort of pleasure in an otherwise bleak and windswept wintry state of the union. Surprises are good almost always better than knowing even when it's about electronic products I don't understand and can't afford. Maybe even especially then.

Today, as I am sure you have noticed, I'm short on my five blog posts a day by about . . . um, five. That is until now.

I've been down with a bug all day and feeling a little better thanks to a great post from Bruno Giussani on his blog Lunch Over IP. The post is titled, Tips for Conference Bloggers, and includes an incredibly insightful and well designed PDF cheat sheet.

His post from a little over two years ago holds strong today and is resonating with me enough to crank this post out. Timing is important in this case since we are beginning a new conference season with mega events like SXSW on the horizon.

I spent nearly the entire last week at CES and had my pride handed to me by this monster trade show/conference/press extravaganza. I was ill prepared for everything that the event would throw at me and approached it like an average conference. This is a mistake I won't repeat.

What I learned at CES was that there are two types of attendees: those doing business and those covering the event. Those in the first category are more concerned with parties, sales and future business relationships. Those in the latter are analyzing, comparing and framing the event for publication.

Publishing from CES is a formidable process. Most press covering the event have teams of people dedicated to gathering information and creating media needed for a final publications. This is a smart move for an event with over 100k attendees.

In addition to the excellent PDF from Giussani's post that addresses the 95% of the concerns of a blogger in 2010 there is 5% that could be added for the here and now. There are new event realities and technologies that can enhance his original thoughts.

1. MiFi is a must have for connectivity. This is especially important for Giussani's rule of blogging an even no later that 10 minutes after it has ended. Conferences don't as often have wifi available as they did back then except in a few locations like press or blogger lounges.

2. Photo/Video lighting gear. Get used to shooting in dark to minimal light and learning your cameras settings well. Check your first few shots or reel to view the quality and make corrections as needed. Much of this can be enhanced with lighting rigs that will allow you to get the shots you need when they happen . . . not when you are ready for them with white balance or aperture settings.

3. Backup workflow. You have a machine that you love and take every where with you, right? What happens when it goes down? Before the event or during you should have a backup plan for gear failure so that it doesn't destroy your workflow. Blogging an event can be difficult in the first place, but when the workflow you went into the even is disrupted it can be detrimental to timely coverage.

4. Speak to previous attendees of the events you are going to be covering. This falls under the guidelines on page 6 of the PDF of collaboration. However, this is a proactive measure before the conference begins so that you can understand what obstacles you might be up against.

5. When the authors recommend having fun, it shouldn't just be at the end of the day for parties or networking. It should be throughout the day. It is counterproductive to be worried during the day about connectivity, media fails or missed opportunities. If something happens that you're not happy with, put it in the back of your mind or write a note down for it and move on. Dwelling on something that you can't do over is to your detriment and that of your readers ro viewers.

Please head over to Bruno Giussani's blog and download the PDF that he has made available. Even if you're not blogging a conference or trade show, there is great value in these tips for any writer publishing to the web.

Image: Screen shot of the PDF cover (Bruno Giussani).

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How To: Conference Blogging is a post from: TechStartups.com

Folks, sometimes you just can't make this stuff up.

News From You's, a Detroit-based company (that sounds like it's from Bensonhurst, Brooklyn), has a Facebook application in development that will automatically share your Facebook news and photos in a printed newsletter.

As you might expect it's targeted at grandparents and other members of your family and friends who are unable or unwilling to get on the internets.

The concept is similar to Pixable which I wrote about last week: you'll grant access to the application your Facebook status updates and photos, then select who's friends and family member's updates and information you'd like to included in your printed newsletter. Don't worry you'll have the opportunity to delete any of your drunk-posting rants or tirades from your father on the state of the economy.

Finally, indicate who should receive this piece of printed piece of memorialized online history and News From Yous will print and mail the newsletter on your behalf.

I have no idea what the pricing for this bit of kitsch will be but keep your eyes on their site and here for updates.

[NewsFromYous] [Springwise]

Disclosure of Material Connection: http://dsclzr.us/0

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The Tech Podcast Network team, about 7 of them, canvased CES 2010 shooting video from open to close every day.

The video below is a highlight that they shot on Saturday with Ted from RED.

If you would like to see more information about it and hear straight from Ted about the Scarlet this is the video for you.

There was a ton of video shot at CES this year from all the press and attendees. To sift through all of it would be impossible. I chose to share this from the Tech Podcast Network team because of their dogged dedication to sharing as much of the show as possible.

Sharing a coffee with them in them in the blogger lounge (which was much more comfortable and less packed than the press room) was an opportunity to pick their brains for the next booths to hit up.

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Nemet Chevrolet Ltd. v. ConsumerAffairs.com, Inc., No. 08-2097 (4th Cir. Dec. 29, 2009)

Introduction

Citing 47 USC 230, today the Fourth Circuit upheld a 12(b)(6) dismissal of defamation and related claims against a consumer review website. This case is noteworthy because the court rejected some common allegations that plaintiffs make to evade 230, so this case may help defendants get 12(b)(6) motions to dismiss more easily.

ConsumerAffairs.com is a consumer review website with a twist: it works in conjunction with a law firm that mines the submitted complaints for potential class action lawsuits. In June 2008, I blogged about the district court's 12(b)(6) dismissal of the case.

Development of the Reviews

Nemet tried two tactics in its complaint to draft around 230. First, it alleged that ConsumerAffairs.com partially developed 20 reviews. Nemet pled:

Upon information and belief, Defendant participated in the preparation of this complaint by soliciting the complaint, steering the complaint into a specific category designed to attract attention by consumer class action lawyers, contacting the consumer to ask questions about the complaint and to help her draft or revise her complaint, and promising the consumer that she could obtain some financial recovery by joining a class action lawsuit. Defendant is therefore responsible, in whole or in part, for developing the substance and content of the false complaint . . . about the Plaintiffs.

These allegations do not survive a 12(b)(6) motion to dismiss.

* the website "structure and design" argument fails, despite Nemet's attempt to invoke Roommates.com, because ConsumerAffairs' structure was not illegal. To me, the court's discussion reinforces that Roommates.com' real holding is If you don't encourage illegal content, or design your website to require users to input illegal content, you will be immune. Chalk this case up as yet another citation of Roommates.com for the defense.

* Asking users questions about their posts does not qualify as development.

* The unsupported assertion that ConsumerAffairs edited posts did not pass the Iqbal standard. Plus, as Zeran indicated, 230 protects editorial decisions, so the allegations needed to assert some editing beyond this protected zone.

Review Fabrication

Second, Nemet alleged that ConsumerAffairs fabricated 8 reviews. Nemet pled:

Because Plaintiffs cannot confirm that the [customer] complaint . . . was even created by a Nemet Motors Customer based on the date, model of car, and first name, Plaintiffs believe that the complaint. . . was fabricated by the Defendant for the purpose of attracting other consumer complaints. By authoring the complaint . . . the Defendant was therefore responsible for the substance and content of the complaint.

This allegation has an obvious (and IMO embarrassing) logic flaw. Even if Nemet can't use its records to validate the facts in a consumer review, ConsumerAffairs.com's fabrication of the post is only one of many possible explanations. The court notes some other possible explanations: "the post could be anonymous, falsified by the consumer, or simply missed by Nemet." (I would also add the possibility of weak recordkeeping by Nemet). To try to get around this logical deficiency, Nemet marshals up some additional allegations:

(1) that Nemet has an excellent professional reputation, (2) none of the consumer complaints at issue have been reported to or acted upon by the New York City Department of Consumer Affairs, (3) Consumeraffairs.com's sole source of income is advertising and this advertising is tied to its webpage content, and (4) some of the posts on Consumeraffairs.com's website appeared online after their listed creation date

But all of these facts are non-sequiturs; none of them show that ConsumerAffairs fabricated the posts, and post-Iqbal these allegations are not enough to state a claim. The dissent disagreed with this conclusion (about the alleged fabrication) and would have allowed those claims to proceed.

230 as an Immunity Redux

In FN 4, the court notes that the Seventh Circuit questioned if 230(c)(1) was just a definitional section. Citing Zeran, which addressed this issue explicitly, the court says "Of whatever academic interest that distinction may be, our Circuit clearly views the 230 provision as an immunity:" As a result, the court "aim[s] to resolve the question of 230 immunity at the earliest possible stage of the case because that immunity protects websites not only from 'ultimate liability,' but also from 'having to fight costly and protracted legal battles.'" It looks like there could be a brewing catfight between circuits over whether 230(c)(1) is an immunity, an affirmative defense, a definitional section or something else.

Conclusion

Given that this court was bound by the Zeran precedent, it's perhaps not surprising that the court found 230 protection for a consumer review website. Nevertheless, by rejecting another plaintiff's attempt to make hay from Roommates.com and rejecting weakly supported allegations of fabrication, this court gave defendants even more support to fend off claims that are, at their core, based on third party content.

The updated census of Roommates.com citations:

Roommates.com Cited for Defense (11 cases): GW Equity v. Xcentric, Best Western v. Furber, Goddard v. Google (and second ruling) Joyner v. Lazzareschi, Atlantic Records v. Project Playlist, Barnes v. Yahoo (note: although the case was a partial loss for the defendant, the Roommates.com discussion came in the defense-favorable part), Doe IX v. MySpace, Doe II v. MySpace, Dart v. Craigslist, Shiamili v. Real Estate Group, Nemet v. ConsumerAffairs

Roommates.com Cited for Plaintiff (2 cases): NPS v. StubHub, FTC v. Accusearch

In my search for information about the world, what matters to me and what is good, I go no farther than an application that I wrote called Filome. I've talk about it quite a bit here at Tech Startups.

It's an app that is about 85% of the way there and is relegated being updated when I have spare time. Which in the last 8 months hasn't been very often. One of the things it is brilliant at though is helping me find what is relevant to me and what I want to write about.

About 30 minutes ago it was tablet computers. But instead of writing about them and adding to the noise, I thought that I would share my filter a tablet computer group from Filome.

First there is the feed for those that want to get right to it - http://www.filome.com/group/ksmith/1/tablet%20computers.rss

Below are the latest 25 posts regarding tablet computing. All linking to the original posts. Find one and follow it down the rabbit hole. Enjoy! (Remember: If you want to stay updated subscribe to the feed link above)

1. You Can Take It With You: Future Trends in Media
2. Who needs tablet computers anyway?
3. Can Android Tablets Find a Market?
4. Why I Hate Ereaders, And Doubt They'll Ever Hit the Mainstream [Ebooks]
5. Why Google Should Make a Tablet [Opinion]
6. Apple to Launch iTunes on the Web
7. Analyst noise: Apple tablet in March for $1k, publishers on-board, Verizon iPhone coming too
8. Apple Tablet Release Date Gets Narrowed Down, Prices Get Estimated
9. Which Companies Will Win The Battle For The E-Book Consumer?
10. A New, Now Netbook You Can Actually Buy: PsiXpda
11. Analysts Predict 1 Billion+ Mobile Web Users by 2010
12. Time Inc. shows off magazine tablet demo, plans future anger about 70/30 profit split
13. Apple tablet rumored to be 'shockingly' inexpensive
14. Apple Registers TabletMac Trademark After Dueling Axiotron MacBook Modders [AppleTablet]
15. Using the Apple LP and Extras format for learning?
16. NVIDIA Tegra tablet prototype hands-on
17. What If Steve Jobs Hadn't Returned To Apple In 1997?
18. Hearst, Time, Conde iTunes For Magazines Only A Few Weeks Away
19. DigiTimes Claims Apple Tablet Delayed for OLED Upgrade [Rumor]
20. Apple tablet(s) in 2H 2010 with OLED screen and tailored content in tow?
21. Cond Nast Gets Wired Ready For Apple Tablet (In Case There Is One)
22. Adobe Air hits 2.0 this is powerful stuff
23. The death of the URL
24. Apple tablet speculation: high-end graphics, several models
25. Bookmark Away: Instapaper Comes Up With A New Way To Work With The Kindle

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I am making this my first New Year's Resolution and I will stick to it. I will. I will.

The resolution is to be an advocate for structured data on the web. I will sing it from the mountain tops and whisper it from the valleys. Well, I might yodel it in both places but I certainly will be vocal.

In the great quest for efficiency online it is time we move beyond the 19% of websites that have XML feeds that structure the sites data to a full onslaught of education for web publishers. The semantic web is depending on it.

The semantic web is in a gestational state and no where near reaching its potential to revolutionize the way that we interact with information. The tech certainly isn't there yet in the capacity of computing and the redundancy and review that needs to be applied to content for fully actualized linking.

What is apparent however, is that about 81% percent of the web is missing its opportunity to hop on this dog pile of ever growing linked data with information from the publisher and not just the bots that are crawling it. There is much information that can be gleaned from microformats within certain publishing platforms but there is still a mass of information that goes without inclusion into the structured whole.

As part of this resolution I will continue to push for RSS feeds since they are the simplest technology to get up and running when it comes to websites. There are tons of tools available to the put feeds on any site and every blogging platform today offers something in the way of feeds either with Atom, RSS or custom XML.

The time has come to bring data together and prepare for the long tail that awaits in a decade from now. Consider adding structured data to your site now like adding it to a time capsule. And instead of it being an 8-track requiring a special player it is more like a stone tablet with the language of the people or the machine.

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To learn how to design and deliver better presentations, we need to pull from many educational sources. Books are good, but which ones? I don't usually suggest PowerPoint or Keynote "how-to" books, but instead recommend reading books from various design and communication fields to stretch your knowledge and perspective. Slide:ology by Nancy Duarte is great, of course, and there are many others that I've suggested over the years. Below are ten additional books I can highly recommend; three of them I have recommended before.

PRESENTATIONS & SPEAKING

The Presentation Secrets of Steve Jobs: How to Be Insanely Great in Front of Any Audience by Carmine Gallo.
Since I began this website in 2005, I've talked about the presentation style of Steve Jobs ad nauseam (for example: here, here, here, here, here, and many more). Carmine Gallo does a great job of summarizing all the many good things that Jobs does in his famous Apple keynotes, and he provides concrete takeaways. The point is not to present like Steve Jobs each case after all is very different but there are many lessons to be learned by careful observation of the Steve Jobs keynote. A very nice read that just may change the way you present. (Amazon link.)

Confessions of a Public Speaker by Scott Berkun.
I met Scott Berkun in Sweden this year and spent some time with him in Denmark discussing public speaking and what it takes to be an effective presenter. Scott, a former Microsoft manager, is a great guy and he's a very experienced presenter. If you do a lot of public speaking, you'll get a kick out of Scott's stories. And if you are thinking about starting a speaking career, Scott provides a lot of interesting tips and lessons. Teachers who speak in front of people every day may also find the book useful. (Amazon link.)


PHOTOGRAPHY

Scott Kelby's Digital Photography Boxed Set (Volumes 1, 2, and 3) by Scott Kelby.
I have almost all of Scott Kelby's photography books. He writes in a very informal, engaging style and there's a reason he's the #1 computer book author for five straight years: his books help people learn. I love Scott's work so much, I asked him to contribute tips for the Presentation Zen Design book (he offers 10 tips for taking better photos). These Digital Photography books are colorful, instructive, and aimed at the novice photographer who wants to get a lot better. I found them very useful (especially for the price). You can buy the books individually or as a set. (Amazon link.)

VISUALIZATION OF DATA

Now You See It: Simple Visualization Techniques for Quantitative Analysis by Stephen Few.
I have all of Stephen Few's books he's the Zen Master of presenting data as far as I am concerned. I saw Stephen present in Seattle this summer at the Tableau Conference and we had a chance to spend some time together before the event. He's a fantastic presenter on stage and he's a very down-to-earth guy who knows how to visualize data and how to help others get better at displaying quantitative information more clearly. This is a big hardcover book with some really good lessons. (Amazon link.)

GRAPHIC DESIGN

Visual Language for Designers: Principles for Creating Graphics that People Understand by Connie Malamed.
This is a really large book that begins with a section on how we process visual information and then goes on to introduce principles and techniques that help you understand how to organize for perception, how to direct the eye, clarify complexity, and simplify visuals. This hardcover book has many excellent examples. Beginners will benefit tremendously from the book, but I think